Hon'ble RASTOGI, J.—At joint request, since these petitions involve identical questions, were finally heard together and are being disposed of by this order.

2. Instant petitions have been filed by petitioners against notices issued on 29.12.1998 under Section 33 of Indian Stamp Act, 1899 ("Stamp Act") and 47(a)(1)(c) of Rajasthan Stamp Law (Adaptation) Act, 1952 and so also judgments dt. 12.2.1999 passed by Collector (Stamps) Jaipur (II) holding that an instrument executed under an Award dt. 26.10.1991 passed under Land Acquisition Act, 1894 ("L.A. Act") is chargeable to stamp duty under Act, 1899 and the petitioner-Corporations shall deposit requisite stamp duty alongwith interest @ 12% per annum, as referred to in respective judgments impugned -in pursuance whereof Sub-Registrar Sanganer (Jaipur) initiated proceedings for attachment of their movable and immovable properties.

3. Petitioners (Indian Oil Corporation Ltd. and Hindustan Petroleum Corporation Ltd.) are Government of India's undertaking duly registered under Section 617 of Indian Companies Act. The Government of Rajasthan initiated proceeding for acquisition of land under Section 4 of Land Acquisition Act and after procedure being followed as provided under Part-II of L.A. Act; and finally after the land was acquired by State Government, the Award was passed by Land Acquisition Officer respectively on 26.10.1991 and 24.5.1995; in pursuance whereof, possession of acquired land was taken vide Tehsildar's reports dt. 16.7.1992 (Ann. 8) and 18.10.1994 (Ann. 12) respectively; and according to terms of final Award, petitioner deposited sum of compensation with the Land Acquisition Officer- as a consequence whereof, the land finally vested with State Government on being acquired under LA Act was transferred to petitioners-Corporations and possession whereof was handed over to it by authorised representative of State Government.

4. Thereafter, notices under Section 33 read with Section 47A(a)(c) of Stamp Act were served upon petitioners on the premise that possession of the land was taken over by respective petitioners through landowners from whom the land was acquired by State Government for use of petitioners may be in public interest and since the Award under L.A. Act is a deed of conveyance under Section 2(1) of Stamp Act, they are under obligation to pay stamps duty.

5. Petitioners in their reply to the notices issued by Collector (Stamps) inter-alia averred that the Award or agreement under LA Act are exempted from stamps duty; as such very notice served upon them is against provisions of Stamp Act. However, Collector (Stamps) finally observed that since the land was transferred directly by land holders to petitioners Corporations, it is conveyance and stamp duty is chargeable.

6. I have considered contentions of Counsel for the parties and with their assistance, examined material on record. It is not in dispute that acquisition proceedings were initiated by appropriate Govt. in public interest and finally the land acquisition officers passed an Award granting compensation to the land owners which was to be paid by petitioners-Corporations obviously since the land was acquired by appropriate Govt. in public interest for petitioners.

7. If a land is needed for any public purposes or for a Company, notification to this effect has to be published in official gazette under Section 4 of the LA Act and objections are invited of persons interested under Section 5A of LA Act and taking note of objections filed by persons interested, and on it being satisfied that the land is needed for public purposes, appropriate Government may make declaration of intended acquisition in terms of Section 6 of LA Act. However, if land is acquired for a Company, declaration shall not be made unless compensation to be awarded for such property is paid by a company, wholly or partly out of public revenues as per proviso to Section 6 of the LA Act. It is relevant to mention that such Corporations own

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